#28883
Jimmy-T
Keymaster

    @gwyn said:
    One of the residents is creating a fuss to state that the areas with the lines is all Common Property and therefore no cars should be permitted to park there without specific approval, or a by-law to state this. 

    The Strata Committee would rather avoid the cost of creating a special by-law to identify these parking spaces as such, but is there any other solution?  

    The fact that there are no parking places marked on the strata plan suggests that this was not part of the planning approval for the scheme.  Thus, any attempt to formalise the arrangement through by-laws could be challenged (as you can’t create a by-law that supersedes a superior law).

    However, if you have the very common by-law that says you can’t park on common property without permission, all the committee has to do is pass a motion giving residents and visitors permission to park on the designated areas provided they obey certain restrictions (like, not being in the same spot for more than 12 or 24 hours, or whatever works).

    Common property is there for the common good and as long as no residents rights are infringed, or the privileges aren’t unfairly distributed, and the law isn’t broken, semi-formal arrangements such as I have outlined here are perfectly acceptable.  

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.